Terms of sale
GENERAL CONDITIONS OF ONLINE SALE
General Provisions
The conditions indicated below are effective exclusively between the company FILBO SRL, with registered office in Mariano Comense in Via Sant'Agata, 51 / d - VAT number 01577000134 and any person (hereinafter referred to as "CUSTOMER") who makes online purchases on website www.filbosnc.it, in accordance with the provisions of the Consumer Code, pursuant to Legislative Decree n. 206/2005, amended by Legislative Decree. n. 21/2014 and by Legislative Decree 70/2003, in the field of electronic commerce.
Browsing and transmitting a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the site indicated therein.
It is possible to use the site and then access the products supplied by it and purchase these in the following languages: Italian / English.
These conditions may be subject to changes and the date of publication of the same on the site is equivalent to the date of entry into force.
ARTICLE 1 - Object of the contract
The contract concerns the sale, by FILBO S.R.L. to the CUSTOMER, of the products published on the website www.filbosnc.it, where the name of the asset and its essential characteristics are expressly indicated.
FILBO S.R.L. undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the actual product may emerge. Furthermore, the photographs of the products presented on www.filbosnc.it do not constitute a contractual element, but only representative, as the colors and aesthetic characteristics of the packaging, labels and product may undergo variations due to the monitor used by the CUSTOMER; the seller therefore does not guarantee the true reproduction of the same.
The data published on the site may be subject to changes or updates, in order to provide a better service for the CUSTOMER; any changes will be promptly communicated upon confirmation of the order.
The customer undertakes to read these general conditions of sale, in particular the pre-contractual information provided by FILBO S.R.L., before confirming his order. and to accept them by affixing a flag in the indicated box.
In the order confirmation e-mail, the CUSTOMER will also receive the link to download and archive a copy of these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
ARTICLE 2 - Pre-contractual information for the consumer - art. 49 of Legislative Decree 206/205
Before the conclusion of the purchase contract and before the validation of the order with "payment obligation", the CUSTOMER is informed in accordance with the provisions of Article 49 of the Consumer Code and, among other things, of:
- main characteristics of the asset;
- identity of the seller, as well as address and contact details;
- total price of goods including taxes, with details of shipping costs and any other costs;
-terms of payment;
- term within which FILBO S.R.L. undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal (Article 8 of these conditions) as well as the model withdrawal form referred to in Annex I, part B of Legislative Decree 206/2005;
-information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the purchased goods.
In any case, the CUSTOMER may at any time and in any case before the conclusion of the contract, take note of the information relating to FILBO S.R.L., such as the geographical address, the telephone and fax number, the e-mail address. This information is reported, also below:
FILBO S.R.L., Via Sant’Agata, 51 / d - 22066 Mariano Comense (CO) Tel. -0313551370 fax 0313551370, email info@filbosnc.it.
ARTICLE 3 - Conclusion and effectiveness of the contract
It is possible to conclude the contract exclusively through the internet, by accessing the CUSTOMER at the address www.filbosnc.it and the creation of a purchase order according to the procedure provided by the site itself.
Before the conclusion of the contract, you will be asked to confirm that you have read the General Conditions of Sale including the information on the right of withdrawal and the processing of personal data.
In particular, the sales contract is considered concluded with the sending by FILBO S.R.L. to the CUSTOMER of an order confirmation e-mail. The e-mail contains the CUSTOMER data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent.
The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly communicate to FILBO S.R.L. any corrections.
FILBO S.R.L. reserves the right to refuse orders that come: a) from a CUSTOMER with whom it has an ongoing legal dispute; b) from a CUSTOMER who has previously violated the conditions and / or terms of the purchase contract with FILBO S.R.L .; c) by a CUSTOMER who has been involved in fraud of any kind and, in particular, in fraud relating to payments by credit card; d) by a CUSTOMER who has released false, incomplete or in any case inaccurate identification data.
ARTICLE 4 - Registered customers
In completing the registration procedures, the CUSTOMER undertakes to follow the instructions on the site and to provide their personal data in a correct and truthful manner.
The confirmation will in any case exempt FILBO S.R.L. from any responsibility regarding the data provided by the CUSTOMER. The CUSTOMER undertakes to promptly inform FILBO S.R.L. of any variation of their data communicated at any time: If the CUSTOMER then communicates inaccurate or incomplete data or even in the event that there is a dispute by the interested parties about the payments made, FILBO S.R.L. will have the right not to activate or suspend the service until the related shortcomings are rectified.
On the occasion of the first request for activation of a profile by the user, FILBO S.R.L. will assign the same username and password. The latter acknowledges that these identifiers constitute the system for validating the user's access to the Services and the only system suitable for identifying the user that the acts performed through such access will be attributed to him and will have binding effect on his comparisons.
The user undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to transfer them, even temporarily, to third parties.
ARTICLE 5 - Availability of products
Product availability refers to the actual availability at the time the CUSTOMER places the order. This availability must still be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other CUSTOMERS before order confirmation.
Even after sending the order confirmation e-mail sent by FILBO S.R.L. there may be cases of partial or total unavailability of the goods. In this case, FILBO S.R.L. will contact the CUSTOMER, taking steps to agree together on the most suitable solution. If, in the latter case, there is no possibility of finding an agreement, the CUSTOMER may request the cancellation of the order, terminating the contract. FILBO S.R.L. will refund any amount already paid within 14 days from the day on which FILBO S.R.L. was aware of the customer's decision to terminate the contract.
ARTICLE 6 - Prices
All sales prices of the products indicated on the site www.filbosnc.it they are expressed in Euros and do not include VAT.
Once the products have been selected, they will be added to the cart. Simply follow the purchase instructions, entering or verifying the information requested in each step of the process. Order details can be changed before payment.
Shipping costs are not included in the purchase price, but are indicated and calculated at the time the purchase process is concluded before payment is made.
The CUSTOMER accepts the faculty of FILBO S.R.L. to change its prices at any time; in any case it is understood that the goods will be invoiced on the basis of the prices indicated on the site at the time the order is created and indicated in the confirmation e-mail sent by FILBO S.R.L. to the client.
In the event of an IT, manual, technical or any other type of error that involves a substantial change, not foreseen by FILBO SRL, of the sale price to the public, such as to make it exorbitant or clearly derisory, the purchase order will be considered not valid and canceled and any amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation.
ARTICLE 7 - Methods of payment
Any payment by the CUSTOMER can only be made by means of PayPal (based on the terms and conditions of the contract agreed between the Customer and PayPal) or by bank transfer, or in cash to the courier (within the limits established by law).
The communications relating to the payment and the data communicated by the CUSTOMER at the time the payment is made will be made on special protected lines.
ARTICLE 8 - Right of withdrawal
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the contract, without indicating the reasons, within 14 days pursuant to art. 57 of Legislative Decree 206/05 starting from when the same or a third party appointed by him received the product and in the case of the purchase of multiple products delivered separately but included in a single order, he received the last product.
To exercise the right of withdrawal, FILBO SRL must be informed of the decision by sending an explicit declaration (or using the withdrawal form referred to in Annex I part B of Legislative Decree no. 206/2005) by email at the following address : info@filbosnc.it, or by fax to n. 0313551370.
To meet the deadline, it is sufficient to send the declaration of withdrawal or the form completed in its entirety, before the withdrawal period expires.
In the event of a valid withdrawal exercise, the payments made, including delivery costs, will be reimbursed to the customer (with the exception of additional costs deriving from the consumer's choice of a type of delivery other than the least expensive type of delivery offered by FILBO SRL), without undue delay and in any case no later than 14 days from receipt of the withdrawal decision. These refunds will be made by bank transfer or PayPal.
The refund may be suspended until the goods are received and checked or until the CUSTOMER demonstrates that he has returned the goods, whichever is earlier.
If the product has been delivered, the CUSTOMER must return it intact in its original packaging, complete with all its parts and complete with the attached tax documentation, to FILBO SRL, without undue delay and, in any case, within 14 days from the day on which the withdrawal has been communicated. The deadline is met if the goods are returned before the 14-day period has expired. The direct costs for returning the goods will be borne by the CUSTOMER.
ARTICLE 9 - Legal guarantee of conformity
FILBO S.R.L. is responsible for any defect in the products offered on the site, including the non-conformity of the articles to the products ordered, in accordance with the provisions of Italian law.
In case of receipt of goods that do not comply with the orders or that are damaged, the CUSTOMER has the right to restore the conformity of the product without charge, by replacing it, or to obtain an appropriate price reduction or the termination of the contract relating to the disputed goods and the consequent refund of the price.
If the buyer has entered into the contract as a consumer or any natural person who acts on the site for purposes unrelated to any business or professional activity carried out, this guarantee is valid on condition that the defect occurs within 24 months from the date of delivery of products; that the buyer makes a formal complaint regarding defects within a maximum of 2 months from the date on which the defect was recognized by the latter; that the order return form is correctly filled in.
ARTICLE 10 - Delivery methods
FILBO S.R.L. will only accept orders to be delivered in the following geographical areas: Italy, Europe and the rest of the world. FILBO S.R.L. undertakes to process the delivery order of the goods, which will be carried out by courier to the address indicated by the CUSTOMER at the time of the order, within the estimated deadline at the time of selecting the delivery methods and, in any case, within the deadline maximum of 8 working days starting from the sending by FILBO SRL of the order confirmation e-mail to the CUSTOMER.
Upon receipt of the goods, the CUSTOMER is required to verify their integrity; if the CUSTOMER has doubts about the integrity of the same, he must indicate it on the delivery receipt, indicating written reservation or broken neck and not collect the broken package, returning it to the courier. FILBO S.R.L. will be exempt from any kind of responsibility for damage to the goods delivered if the relative package, despite having damaged packaging, is not accepted with reserve by the CUSTOMER and is opened by the CUSTOMER.
For each order placed on the website www.filbosnc.it, FILBO S.R.L. will issue an invoice for the goods shipped. The invoice will be sent by ordinary mail or by e-mail.
The invoice will contain all the information provided by the CUSTOMER during the purchase procedure.
After the invoice has been issued, it will no longer be possible to make any changes to the data indicated therein.
If delivery is not possible, the order will be sent to the warehouse and will remain in storage there. In this case, the CUSTOMER will be required to pay in favor of FILBO S.R.L. of the related storage costs, which will be documented to the CUSTOMER. In this case, a notice will specify the place where the order is located and how to agree on a new delivery.
If the delivery cannot take place for reasons not attributable to FILBO S.R.L. after 8 days from the date on which the order is available for delivery, FILBO S.R.L. will assume that you intend to terminate the contract.
As a result of the termination, the amounts will be returned, including delivery costs with the exclusion of any additional costs, derived from the choice of a delivery method other than the ordinary method offered without undue delay and, in any case, within 14 days from the date of termination of the contract. The transport resulting from the termination of the contract may have additional costs that will be borne by the CUSTOMER.
Shipping costs are charged to the CUSTOMER and are explicitly highlighted at the time the order is placed.
ARTICLE 11 - Liability
FILBO S.R.L. assumes no responsibility for inefficiencies attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the internet network, in the event that it fails to execute the order within the scheduled time. FILBO S.R.L. is not responsible for the work of the courier transporting the goods, in case of delay in delivery or damage to the same.
ARTICLE 12 - Access to the site
The CUSTOMER has the right to access the site for consultation and making purchases. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of FILBO S.R.L. and are protected by intellectual property law.
ARTICLE 13 - Cookies
The website www.filbosnc.it uses cookies. Cookies are electronic files that record information relating to the navigation of the CUSTOMER on the site (pages consulted, date and time of consultation, etc.) and that allow FILBO S.R.L. to offer a personalized service to its customers.
FILBO S.R.L. informs the customer of the possibility of deactivating the creation of such files, by accessing its internet configuration menu. It is understood that disabling cookies will prevent the CUSTOMER from purchasing online.
ARTICLE 14 - Provision and processing of personal data
FILBO S.R.L. undertakes to collect personal data for the sole purpose of registering the CUSTOMER and activating the procedure for executing the order; the data will be processed in compliance with current legislation. The CUSTOMER gives consent to the processing of personal data for the fulfillment of the order and for the receipt of newsletters.
ARTICLE 15 - Integrality
These general conditions of sale are made up of all the clauses that make it up. If one or more provisions of these general conditions of sale are considered invalid or declared as such pursuant to the law, regulation or following a decision by a court with jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 16 - Applicable law and competent court
These General Conditions of Sale are subject to Italian law.
Any dispute that should arise will be subject to the territorial jurisdiction of the judge of the place of residence or domicile of the consumer, if located in the territory of the State; otherwise the jurisdiction will be exclusive to the Como court.
General conditions updated on 01.06.2018